Development of Positive Law in Indonesia

M. H. Kurnia, Lukmanul Hakim
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Abstract

Background. In the development of positive law today, especially after the reform in Indonesia, there are several laws that the author considers to have developed, especially in terms of child protection law, in addition to those that have existed previously in the Criminal Code and Criminal Procedure Code both material and formal. Purpose. The blurring of the form of the rule of law caused by the lack of strengthening of the legal system implemented by the Indonesian state is one of the reasons for the many reasons for the need to establish an Indonesian Legal System. Method. The transition to democracy as one of the triggers for changes in the national legal system inevitably demands changes to the national legal system in a better direction in an effort to establish a national legal system that is in accordance with the ideals of the Indonesian state. Results. The development of national legal systems should remain long-term oriented in their application. Thoughts about the development of national law in the future have certainly been thought of from an early age in order to set the direction of national law development. Conclusion. The development of Indonesian national law which is currently strongly influenced by external elements as much as possible to maintain material legal sources from Indonesian laws. The development of national law that emphasizes the spirit of Indonesia and the taste of Indonesia can only be done by consensus from all elements of the nation.
印度尼西亚实在法的发展
背景。在当今实在法的发展过程中,特别是在印度尼西亚改革之后,除了《刑法典》和《刑事诉讼法典》中之前已经存在的实质和形式上的法律之外,还有几部法律被笔者认为是已经发展起来的,特别是在儿童保护法方面。目的。由于印尼国家实施的法律制度没有得到加强,导致法治形式模糊不清,这也是需要建立印尼法律体系的诸多原因之一。方法。民主转型作为国家法律制度变革的触发因素之一,必然要求国家法律制度朝着更好的方向变革,努力建立符合印尼国家理想的国家法律制度。成果。国家法律体系的发展在应用过程中应坚持长期导向。对未来国家法律发展的思考肯定是从小就开始了,以便确定国家法律发展的方向。结论印尼国内法的发展目前受到外部因素的强烈影响,应尽可能保持印尼法律的物质法律来源。要制定出强调印尼精神和印尼品味的国家法律,只能通过全国各方面的共识来完成。
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